08-03-2010 Regular Meeting City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday August 3, 2010
at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette Dubuss, .
Nick Jones, and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Barbara
Hollerand, City Planner, Jack Morgeson Jr., City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held July 6, 2010 were approved
as written.
REPORTS
There were no reports.
. 1. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT
APPLICANT: City of Clermont
REQUESTED ACTION: Request for land development code amendment
Planning Director Jim Hitt stated that Ordinance Number 2010 -09 -C includes Land
Development Code amendments for two new zoning districts: UT, Urban Transition District;
and CD, Commerce District.
Mr. Hitt stated that both of these new zoning districts will be utilized in the southern portion of
the JPA area which includes the CONSERV II property (Orange County & City of Orlando) and
a few others.
Mr. Hitt stated that in preparation for the annexation of these properties, the new Urban
Transition District will function to preserve the existing uses as a permitted use.
Mr. Hitt stated that these properties and any subsequent properties that are annexed, if
developed, will be required to rezone to the stricter regulations of the new Commerce District.
•
He stated that these requirements are designed to preserve the aquifer recharge area by requiring
a large amount of open space and conservation area (60 %) in addition to any lakes or wetlands.
He stated that the remaining buildable area is restricted to a maximum impervious surface area
(building, parking lot, drive, sidewalk, etc.) of 40 %.
Mr. Hitt stated that this Commerce District will have to be a piaster planned development, which
would also include a comprehensive plan amendment to Mixed Use Commerce for a Future Land
Use.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 2
Mr. Hitt stated that the following LDC sections will be amended to include the new language:
Chapter 122 ZONING
Sec. 122 -63 Districts enumerated
This portion of the amendments adds the two new districts — UT, Urban Transition and
CD, Commerce District
Sec. 122 -64 Clarification of annexed land
This portion of the amendment specifies that the UT district be assigned to newly annexed '
land south of Hartrood Marsh Road, east of U.S. 27 and west of the Lake
County /Orange County line Any other lands annexed outside this area would still he
assigned UE, Urban Estate District.
DIVISION 2. UT, URBAN TRANSITION DISTRICT
Sec. 122 -71. Intent
Explains the intended district to be used for public and semi public uses, education uses,
agriculture uses and single family uses (5 - acre tracts). The idea is that the existing uses
in this area can remain until a master planned development is appliedfr.
Sec. 122 -72. Permitted uses.
The permitted uses further expand on the intent that this is a "transition" district to be
used until a master planned development is applied for At that time, the future land use
and coning would have to be amended.
Sec. 122 -73. Conditional uses.
The conditional uses section covers churches, major utility facilities, and any unforeseen
uses.
Sec. 122 -74. Lot and height requirements.
This section covers the normal requirements for this transition district if no . further land
use or zoning changes are requested
Sec. 122 -75. Yards.
This section covers the normal requirements far this transition district if no further land
use or zoning changes are requested.
** DIVISION numbers are adjusted up to make room for the new UT and CD district
designations.
DIVISION 14. CD, COMMERCE DISTRICT
Sec. 122 -71. Intent
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 3
Explains the intended district to be used for commerce and workforce oriented
development This could include lain impact /high tech manufacturing; light industrial;
professional and corporate offices; major health care facilities businesses that provide
services or goods to a regional, national or global market; educational, research and
technical institutions and schools; City or County infrastructure and support systems or
services including spray fields, rapid infiltrations basin systems (RIBS) Pre - existing uses
may remain until a master planned development is approved. In addition, transportation
systems must be part of the development. A comprehensive plan amendment to Mixed -
Used Commerce would also be required.
Sec. 122 -72. Permitted uses.
The permitted uses are limited to City buildings, structure or uses, or other governmental
uses primarily specified as as All other development is to be conditioned
Sec. 122 -73. Conditional uses.
The conditional uses section covers a large variety of uses designed lo accommodate the
intent of this district.
Sec. 122 -74. Lot and height requirements.
This section covers the requirements for this district. In addition, because this area is
considered one the highest aquifer recharge areas in Lake County, preservation
requirements have been incorporated. These include the following:
7% No development in wetlands or floodplain area (other than right -of -wary or
utilities with Site Review Committee approval).
Y
Development is based on gross land area, not net (subtract out wetlands and
floodplain. )
Minimum 60% of land to be preserved as open space and conservation land.
(Passive recreation may be permitted with Site Review Committee approval).
`i Maximum 40% impermeable surface (building, walkways and parking lots).
Sec. 122 -75. Yards.
This section covers the normal requirements for this district.
Mr. Hitt stated that changes to the Division numbers was completed to adjust for the two new
zoning districts. He stated that there are a total of 15 zoning districts.
Commissioner Proli asked if the property is annexed, where the infrastructure, police and fire
would come from.
Mr. Hitt stated that there is a fire station on Hartwood Marsh Road that would respond to that
area and the police use that as a substation at times. He stated the city does not foresee a high
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 4
demand for police and fire because it is all vacant property at this time. He stated the City is
working with the County and property owners for road maintenance and response.
Commissioner Jones asked regarding the reduction of impervious to 40 %.
Mr. Hitt stated that for commercial it is 80% impervious now, and they are looking at reducing
that quite a bit.
Commissioner Dubuss what the total acreage is.
Mr. Hitt stated that it is approximately 6,400 acres.
Commissioner Jones moved to recommend approval ,fin the amendment to the Land
Development Code; seconded by Commissioner Dubuss. The vote was unanimous to
recommend for approval to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Magic Moments - V.F.W.
OWNER: V.F.W. Post 5227, Barbara Tanney
APPLICANT: Sam L. Allison
REQUESTED ACTION: Request for a CUP to allow an after school and daycare facility in
the CBD Central Business District.
LOCATION: 855 W. Desoto Street
EXISTING ZONING: CBD, Central Business District
• EXISTING LAND USE: School / VFW
FUTURE LAND USE: CBD, Central Business District
Planning Director Jim Hitt stated that the applicant is requesting a conditional use permit to
allow for a day care facility within the CBD zoning district. He stated that after school and
daycare facilities are designated as requiring a conditional use permit within the CBD zoning
district.
• Mr. Hitt stated that the applicant is proposing to utilize 2,000 square feet (upper floor) available
at the V.F.W. building on Desoto St. He stated that the applicant has been using this building for
a children's daycare program, known as the Magic Moments Schooler Program, since 2001. He
stated that the schooler program is for kids ages 5 to 10 that are bussed by Magic Moments from
area schools back to the Magic Moments VFW building for after school hour activities.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 5
Mr. Hitt stated that in August 2001 the applicant was granted a conditional use permit for the
same use, but at that time, the use was thought to be temporary, so the applicant agreed to a three
year time limit for the CUP. He stated that since then, the applicant has continued the use for
their business and had forgotten about the temporary CUP condition of three years.
Mr. Hitt stated that the applicant is now asking for a CUP for the same location, running the
same daycare business with the same hours since 2001.
Mr. Hitt stated that the daycare program has been at its student capacity (48 kids) for many
years, so there will be no increase in activity at this location. He stated that the hours for the
schooler program that operate out of the V.F.W. building are 3:00 p.m. to 6:00 p.m. Monday
through Friday during the school year, and 9:00 a.m. to 6:00 p.m. Monday through Friday during
the summer.
Mr. Hitt stated that staff believes this area is right for this type of development, and recommends
approval of the request for a CUP to allow a school /daycare facility on this CBD, Central
Business District zoned parcel.
Sam Allison, 12945 Pineapple Place, stated that he would answer any questions the Board
members had.
Commissioner Jones asked if the VFW members still operate at this location.
Mr. Allison stated the members do meet upstairs in the building at this time.
Commissioner Jones moved to recommend approval for request of the conditional use permit;
seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City
Council.
3. REQUEST FOR CONDITIONAL USE PERMIT REVOCATION
APPLICANT: City of Clermont
REQUESTED ACTION: Request for revocation of Conditional Use Permit for Ford of
Clermont
City Attorney Jack Morgeson Jr. stated that Lake County has requested a continuation of this
item to the September 7, 2010 meeting.
Commissioner Proli moved to table the revocation to the September 7, 2010 meeting; seconded
by Commissioner Jones. The vote was unanimous to table the revocation.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 6
4. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
REQUEST: Small -Scale Comp Plan Amendment changing the future land use from Lake
County Urban to City Commercial
PROJECT NAME: Geer and Basdeo Property
OWNER Purshatom Geer and Suseema Basdeo
APPLICANT: Chris Roper, Akerman Senterfitt, P.A.
PARCEL SIZE: 1.44 acres +/-
LOCATION: Northeast corner of Citrus Tower Boulevard and Excalibur Road /Steves Road
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Urban
EXISTING ZONING: Lake County R -6 Urban Residential (becomes Urban Estate upon
annexation)
City planner Barbara Hollerand stated that this item is a request for a small -scale comprehensive
plan amendment for the Geer /Basdeo property. She stated that the vacant 1.44 -acre property is
on the northeast corner of Citrus Tower Boulevard and Excalibur Road /Steves Road.
Ms. Hollerand stated that the owners are Purshatom Geer and Suseema Basdeo. She stated that
the applicant is Chris Roper with Akerman Senterfitt, P.A. She stated that the property will be
considered for annexation by the City Council August 24.
Ms. Hollerand stated that the request is for a small -scale comprehensive plan amendment to
change the Future Land Use from Lake County Urban to Commercial in the City. She stated that
the property currently has R -6 Urban Residential zoning in Lake County.
Ms. Hollerand stated that the Deper property to the east was annexed in May and granted the
same future land use change from Lake County Urban to Commercial in the City. She stated that
residential properties are to the north and south. She stated that to the west is a stormwater
retention pond adjacent to Tuscany Ridge residential.
Ms. Hollerand stated that to the north are three approximately one -acre tracts with homes, each
with R6 Urban Residential zoning in the county and Urban future land use.
Ms. Hollerand stated that a traffic signal is planned for the Citrus Tower Boulevard /Excalibur
Road intersection and is expected to be functioning later this year.
Ms. Hollerand stated that development plans are not finalized at this time, and a request for
rezoning has not been made. She stated that upon annexation, the property will receive the
default zoning of Urban Estate.
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MINUTES
PLANNING AND ZONING COMMISSION
August 3, 2010
Page 7
Ms. Hollerand stated that the City Council in May approved the identical future land use change
for the five -acre property to the east. She stated that this parcel, though smaller at about one and
a half acres, is the corner property.
Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change.
Chris Roper, 420 S. Orange Ave., Orlando, stated that the applicant is trying to avoid what the
County is doing with its new comprehensive plan. He stated that the property is currently
classified as urban. He stated that the County adopted a new plan that would designate it as
regional office. He stated that this would allow l0 -story office buildings. He stated that with a
commercial designation, it would allow office, but it would also allow restaurant or a
veterinarian.
Tahir Hassan, 13145 Paloma Rd., stated that she is the neighbor to the north of this property.
She stated that if this does get approved, she will be the next one willing to annex and change to
commercial.
Commissioner Jones moved to recommend approval for request of the small .scale
comprehensive plan amendment: seconded by Commissioner Dubuss The vole was unanimous
to recommend approval to City Council
There being no further business, the meeting was adjourned at 7:43 pm.
Cu . 'Whitehead, Chairwoman
ATTEST:,
a k,
Rae Chidlow — Administrative Assistant